The principle of proportionality has gained widespread adherence in the modern retributively-dominated era of penal theory. It has often been held that, if one subscribes to a retributivist theory, then one is also committed to proportionality in punishment. In the present article, this assumption is challenged. It is shown that the inference from the fact that one offender has committed a more serious crime than another offender, to the conclusion that this offender should be punished more severely than the other, (...) presupposes the satisfaction of two conditions: The Necessity Requirement and the Sufficiency Requirement. It is argued that modern expressionist accounts of retributivism fail to satisfy these requirements. Moreover, it is suggested that the satisfaction of these requirements constitutes a challenge for other retributivist theories. In so far as this is the case, the inference from retributivism to proportionality will be blocked. (shrink)

What is the relationship between justice as an individual virtue and justice as an institutional virtue? The latter has been exhaustively explored by political philosophers, whereas the former remains underexplored in the literature on virtue ethics. This article defends the view that individual justice is logically prior to institutional justice, and argues that this view requires a conception of individual justice I call ‘justice as lawfulness’. The resulting view consists of three claims. First, just institutions are composed of the relations (...) between just persons. Second, the just person has a disposition to act in accordance with the legal and social norms (collectively, thenomoi) of the existing political tradition. Third, departures from thenomoirequire that the just person act with practical wisdom to reform thenomoiaccording to an implicit standard of justice in the political tradition. (shrink)

En parlant des rapports entre la Nouvelle Rhétorique et la France, Pierre-André Taguieff décrivait la situation comme celle d'un rendez-vous manqué. En parlant des rapports entre la philosophie pérelmanienne et la philosophie anglo-saxonne, il faut surtout parler de rendez-vous clandestins. Car dans l'ensemble, ces rendez-vous divers sont d'autant plus évidents qu'ils témoignent sans doute de l'influence réelle d'une philosophie. D'une philosophie dont on retrouve, dans le milieu anglo-saxon, un «air de famille» mais sans que Chaïm Perelman ne soit expressément nommé.

Game theory studies the choices of two or more agents strategically interacting under various conditions. This paper examines two applications of omniscience in game theory. The first has to do with the paradox of altruism. The paradox of altruism results when players, by seeking to maximize the outcomes of other players, bring about inferior outcomes for all the players. Not surprisingly, an omniscient player could not find herself ensnarled in an altruistic paradox. The second application is what Steven Brams has (...) called the “paradox of omniscience”. The paradox of omniscience is the surprising proposition that omniscience disadvantages a player in certain games if her opponent knows that she is omniscient. Contrary to Brams, I argue that there is no resolution of the paradox of omniscience with regard to normal games. Indeed, I show that omniscience is not the only divine property that is a strategic liability in normal games. Omniscience then has a mixed standing in game theory—in some cases a strategic asset; in others, a strategic liability. (shrink)

Journal for the Theory of Social Behaviour, EarlyView.

Rawls’ theory is about prudence rather than justice. It is about the kind of political structure on which rational people would agree if they were preparing for the worst. Other strategies, such as confining redistribution to upholding a safety net, might also be plausible. Rawls’ theory is Georgism in persons: the income from individual abilities is regarded as if it is at the disposal of the collective and could be taxed as rent. This goes against the strong moral intuition of (...) self-ownership. However, Rawls’ question, where the worst off are as well off as they can be, is interesting. According to the Index of Economic Freedom, it actually may be under relatively unfettered capitalism. Unlike Rawls, Piketty is chiefly worried about the rich, seeking to impose confiscatory taxes on them. But the rich are not a fixed, unchangeable group of people who can effortlessly watch their capital accumulate. Capital is precarious, as is vividly illustrated in Balzac’s novel Père Goriot which Piketty quotes. Different as the approaches of Rawls and Piketty are, both of them agree that their ideal society has to be closed: It must become ‘socialism in one country.’. (shrink)